13-7016 Authorizing the Construction of certain Imporvements by the Governing Body (Published in the Salina Journal on JUI\I 1 5 . 2013)
RESOLUTION NUMBER 13-7016
A RESOLUTION SETTING FORTH FINDINGS AND DETERMINATIONS OF THE
GOVERNING BODY OF THE CITY OF SALINA, KANSAS ON THE ADVISABILITY OF AND
AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO K.S.A.
12-6a01 et seq.
a.
WHEREAS, a petition was filed with the City Clerk for the City of Salina. Kansas (the "Cit") on
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July 3, 2013, proposing certain improvements pursuant to K.S.A.-I2-6a01 et seq. (the "Petition"); and
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WHEREAS, the Petition sets forth: (a) the general nature of the proposed improvements; (b) the
estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district
to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the
proposed apportionment of the cost between the improvement district and the City at large; and (f) a request
that such improvements be made without notice and hearing as required by K.S.A. 12-6a04(a); and
WHEREAS, the owners of record of 100% the property liable to be assessed under the Petition have
signed the Petition; and
WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began
consideration of the Petition; and
WHEREAS; K.S.A. 12-6a04 provides that the Governing Body may authorize and order public
improvements without notice and hearing after a sufficient petition has been filed; and
WHEREAS, the governing body has reviewed and considered the Preliminary Engineering Estimate
and Feasibility Report prepared by the City Engineer and agrees with the conclusions set forth therein.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS, AS FOLLOWS:
Section 1. The Governing Body hereby finds that the Petition is sufficient, and further finds and
determines that it is necessary and advisable to make the following improvements:
(a) The nature of the improvements are as follows:
The curb, gutter, pavement and grading for approximately 1,918 lineal feet of Sunset Ridge
Drive, Brookefield Drive; Brookestone Drive and Brookefield Court (the "Street
Improvements").
The installation of approximately 813 lineal feet of storm sewer pipe, inlets, and all
appurtenances thereto(the "Drainage Improvements").
The installation of approximately 1,735 lineal feet of six-inch water main, fire hydrants,
valves, fittings, service connections for water lines and all appurtenances thereto(the "Water
System Improvements").
The installation of approximately 1,765 lineal feet of eight-inch sanitary sewer main, service
connections for sewer lines, manholes, and all appurtenances thereto (the "Sanitary Sewer
Improvements").
(collectively, the `Improvements")
(b) The estimated cost of the Improvements is:
Eight Hundred Twenty-Four Thousand Nine Hundred One Dollars and Seventy-Six
Cents ($824,901.76).
(c) The boundaries of the improvement district to be assessed are:
Lots 1 through 4, Block 4; Lots 1 and 2 and Lots 13 through 17, Block 5; and Lots 1
through 4 and Lots 6 through 17. Block 6, all in the Magnolia Hills Estates Addition,
City of Salina. Saline County, Kansas.
(collectively, the `Improvement District").
(d) The apportionment of cost between the Improvement District and the city at large is:
One hundred percent (100%) of the total cost of improvements shall be assessed to
the Improvement District and no portion of costs shall be paid by the City at Large.
(e) The method of assessment against property within the Improvement District shall be equally
per lot against all lots within the Improvement District.
Section 2. The Governing Body hereby declares that the Improvements described in this
Resolution are necessary, and authorizes them to be made in accordance with the Petition and the findings set
forth in this Resolution, and further authorizes the levying of assessments and the issuance of bonds therefore
▪ (upon the satisfaction of certain conditions set forth in the Development Agreement described in Section 4 of
• this Resolution), all in accordance with K.S.A. 12-6a01 et seq..
Section 3. The City expects to make capital expenditures from and after the date of this
Resolution in connection with the Improvements described herein, and intends to reimburse itself for such
expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the
City in the maximum principal amount of$824,901.76.
Section 4. That certain Improvement District Development Agreement between Magnolia
Hills, Inc. and the City, dated as of July 8, 2013, is hereby approved in substantially the form presented to the
governing body on this date. The Mayor is authorized to execute the Development Agreement on behalf of
the City, and the Mayor, Clerk and other City staff are authorized to take such further actions as necessary to
carry out the transactions contemplated thereby.
Section 5. The City Clerk shall file a certified copy of this Resolution with the Register of
Deeds of Saline County, Kansas.
Section 6. This Resolution shall take effect after its passage and publication once in the official
city newspaper.
ADOPTED AND PASSED this 8`h day of July, 2013.
cur
Barbara V. Shirley, Mayor
(SEAL)
,°
Lieu Ann Elsey, CMC, City Clerk
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